Minnesota Lien Waiver Overview
Minnesota Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Minnesota does not require any specific lien waiver form be used in order to be effective. Any form may be used.
Notarization Not Required
Minnesota has no requirement that lien waiver be notarized in order to be effective.
Cannot Waive Rights in Contract
Minnesota specifically does not allow lien rights to be waived in the contract for work, and any such waiver is void and unenforceable.
Cannot Waive Rights Before Payment
Minnesota forbids waiving the right to file a mechanics lien prior to the actual receipt of payment. Any such waiver is void and unenforceable.
Minnesota lien waivers are mostly unregulated, at least in terms of the form or specific language necessary to make the waiver effective. However, there are very specific rules related to when a lien waiver can be given and be effective.
Minnesota does not provide lien waiver form templates in its statutes, and doesn’t really provide much guidance on how a lien waiver should be drafted. Participants on a Minnesota construction project, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.
There are strict limitations related to when lien waivers can be requested and provided, however. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In Minnesota, these protections are fairly strict. Minnesota forbids waiving the right to file a mechanics lien prior to the actual receipt of payment. Any such waiver is void and unenforceable.
Despite this prohibition on waiving lien rights prior to payment, construction participants in Minnesota should pay careful attention to lien waivers. The resources, forms, guides, and frequently asked questions about Minnesota Lien Waivers on this page will help you get it right